Opinion
WCB 92-09328; CA A81960
Argued and submitted May 10, 1995
Reversed and remanded May 31, respondents' motion for reconsideration filed June 13 allowed by opinion September 6, 1995 See 136 Or. App. 280 (1995)
Judicial Review from Workers' Compensation Board.
Robert Wollheim argued the cause for petitioner. With him on the brief were James C. Egan and Emmons, Kropp, Kryger et al.
Michael O. Whitty, Special Assistant Attorney General, argued the cause for respondents. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
Before Deits, Presiding Judge, and De Muniz and Leeson, Judges.
PER CURIAM
Reversed and remanded.
Claimant seeks review of the Board's order holding that it lacked jurisdiction to determine whether surgery proposed by her physician was a reasonable and necessary medical treatment for her condition and upholding employer's partial denial of her claim for symptoms in her right forearm and hand.
As SAIF concedes, under the Supreme Court's decision in Niccum v. Southcoast Lumber Co., 320 Or. 189, 880 P.2d 923 (1994), the Hearings Division of the Board has jurisdiction to consider the appropriateness of the proposed treatment for claimant's compensable de Quervain's condition. Accordingly, we remand for the Board to consider this question.
With respect to claimant's claim for symptoms in her right forearm and hand, we affirm the Board's opinion without discussion.
Reversed and remanded.